Legal Opinion

National Grange Mutual Insurance v. Savage

Appellate Division of the Supreme Court of the State of New York

Decided February 13, 1990Published

1Opinion of the Court

This appeal calls upon us to review the evidence presented *524with respect to the petitioning insurance company’s application to stay arbitration of the respondent’s uninsured motorist claim. The minutes of the hearing indicate that the only evidence proffered by the respondent, Sylvester Savage, as proof of the noninsurance of the offending vehicle, was a statement allegedly made to him by the driver of that vehicle, one Raymond Bernard, to the effect that he had no insurance. This testimony constituted inadmissible hearsay and was not competent proof of Bernard’s lack of insurance (see, Matter…

2Cases cited2 opinions

  1. Levins v. BucholtzAppellate Division of the Supreme Court of the State of New York · 1956
  2. In re the Arbitration between Rosen & Motor Vehicle Accident Indemnification Corp.Appellate Division of the Supreme Court of the State of New York · 1964

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